Dear Clive – Claim Against Estate

My father died recently and I don’t feel that I have been left with reasonable provision out of the estate. How long do I have to make a claim against the estate and who would pay the costs associated with me making a claim?

Scott

Dear Scott

The general rule of thumb is that an application to Court must be made within 6 months of the Grant of Probate being issued. The Court does have the discretion to extend this period of time however this will only be is there are exceptional reasons for the claim being made out of time. So the claim should be made as soon as possible. If you feel that there are exceptional reasons why you would be making a claim out of time please do not hesitate to contact us and we can assess the prospect of your application succeeding. The general rule of thumb in relation to costs is that if the claim is successful the Court can order that the Claimant’s costs are paid out of the estate and if the claim is unsuccessful if is likely that the Claimant will be ordered to pay his/her costs and the costs of the estate.